Calendar Sunday, September 5, 2010
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The North Carolina Coalition Against Sexual Assault works with elected officials at the state and federal levels to ensure adequate funding for sexual assault response programs, victims’ rights, and offender accountability. With input from our legislative committee, each year we develop a comprehensive legislative agenda to meet the needs of our members.




2010 LEGISLATIVE UPDATE

 The following is for informational purposes only. 

 

Adult Day Care Criminal Record Check Process                  SB 1189/H 1703

  • Signed by Governor 7/11/2010 (Ch. SL 2010-93)

This act would direct the Division of Aging and Adult Services and the Department of Heath and Human Services to study the issue of criminal history record checks for current and prospective owners, operators and volunteers of adult day care and health services programs.  The study will include the following elements:

o       Identification of positions that warrant a criminal history record check.

o       Development of a process for conducting the criminal history record check.

o       Designation of party responsible for payment for the record check.

o       Determination of whether a State or national criminal record check (or both) is to be performed.

o       Definition of relevant offenses that indicate an individual’s fitness to have responsibility for the safety and well-being of program participants.

 

Collect DNA Sample on Arrest                                                           HB 1403

  • Signed by Governor 7/15/2010 (Ch. SL 2010-94)

This act would require that a DNA sample be taken from any person arrested for committing a felony.  This act also provides that the SBI shall establish and administer a missing persons DNA system to facilitate the use of DNA records by law enforcement agencies and the Chief Medical Examiner in the identification and location of missing and unidentified persons or human remains. 

 

Children’s’ Online Predator Education Funds                                           HB 1986

  • This bill is no longer eligible for consideration.

This act would appropriate funds for education programs to protect children from online predators.

 

Sex Offender Registry/Name Changes                                 SB 1422/HB 2005

  • This bill is no longer eligible for consideration.

This act would require that a person who is required to register as a sex offender must indicate on their initial registration the name under which they were convicted for the sex offense.  The registrant must also notify the appropriate sheriff of any name change, as part of the verification procedure.  This act would also direct the Division of Criminal Statistics to maintain the statewide registry so that the public may conduct sex offender searches using any name or alias of a registrant. 

 

50B and 50C/Electronic Filing Pilot                                                  HB 1835

  • This bill is no longer eligible for consideration.

This act would establish a pilot program for electronic filing in domestic violence and civil no contact cases in Alamance County. 

 

 Related Bills

 

Protect Victims/DV Shelters                                                                             SB 140

  • Signed by Governor 6/7/10 (Ch. SL 2010-5)

 This bill would make it a felony for a person who is the subject of a valid protective order to trespass on property where the protected party resides and that is operated as a safe house or haven for domestic violence victims without regard as to whether the person covered by the protective order is present on the premises.  This bill would also limit the liability of domestic violence shelters for tortious conduct committed on shelter premises. 

 

Domestic Violence Training for Judges                               HB1762/SB 1241

  • Signed by Governor 7/20/10 (Ch. SL 2010 – 106)

This act would require that the NC Supreme Court establish minimum training standards of domestic violence education and training for district court judges, and would encourage the University Of North Carolina School Of Government to provide domestic violence education and training for judges and magistrates.

Unborn Victims of Violence Act                                                         HB 2032

  • This bill is no longer eligible for consideration.

This Joint Resolution would authorize the General Assembly to consider a bill that would create criminal offenses for acts that cause the death or injury of an unborn child or are committed against a pregnant woman. 

Nonprofits/Criteria to Receive State Funds                                      HB 1997

  • This bill is no longer eligible for consideration.

This act would provide that a nonprofit corporation is eligible to receive a state-funded grant only if it meets the following criteria:

(1)   At least thirty five percent (35%) of the funding is from private sources.

(2)   The administrative expenses do not exceed fifteen percent (15%) of the total budget receipts for the nonprofit.

 The act would also provide that if a nonprofit corporation is in violation of the statute, the Office of State Budget and Management may suspend further disbursement of funds and try to recover grant funds already disbursed.

Additionally, a non-State entity that is a nonprofit that receives a State grant will be required to certify annually whether it is in compliance with the act.  This act would establish mandatory periodic reporting requirements for grantees and sub-grantees to provide financial and program performance information. 

 
Implement Gender Neutral Terms                                         SB 1180/HB1739

  • This bill is no longer eligible for consideration.

This act would substitute gender neutral terms for “Businessman,” “Crewman,” “Enlisted Man,” “Per Man,” “Policeman,” “Workman,” and, as appropriate, other references to “Man” where “Man” is used to refer to a generic human being and not specifically a male individual. 

 

Domestic Violence Program Funds                                                               HB 2020

  • This bill is no longer eligible for consideration.

This act would authorize a new domestic violence program to be established in North Carolina’s 2nd Judicial District.  The program would be entitled to receive funds from the Domestic Violence Center Fund as allocated by the NC Council for Women/DV Commission.

Clarify Expunctions                                                                              HB 726

  • Signed by Governor 8/2/10 (Ch. SL 2010-174)

This bill would allow for technical and conforming changes to statutes related to expunction of records; to require state and national criminal record checks when expunging records; and to require sex offenders residing in this state to register as a sex offender for convictions obtained outside this state.

Non Profit Grants/Increase Accountability                        HB1852/HB1218

  • This bill is no longer eligible for consideration.

This act would increase the oversight of state grants to non‑state entities and increase the accountability of grantees who receive state grants, as recommended by the Joint Legislative Program Evaluation Oversight Committee. 

DV Cases/Review Criminal Records                                     HB 1812/SB 1243

  • Signed by Governor 7/21/10 (Ch. SL 2010-135)

This act would ensure that a court, when considering pretrial release under the domestic violence crimes statute, considers the defendant's criminal record, as recommended by the Joint Legislative Committee on Domestic Violence. 

 

 


 
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